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« SPRING2005YOU & THE LAW : 
    by Ken B. Ness, Provincial Enforcement Specialist, Sask Environment

FINDERS KEEPERS:
Found Dead Wildlife

We've all heard the song “Dead Skunk In the Middle of the Road”, right? What if it's a dead owl, or a dead white-tailed buck lying in the middle of the road many people wonder if it's possible to keep that specific wildlife item for personal use. The issue Conservation Officers have to deal with is to provide for the legitimate use of found dead, or accidentally killed, provincially protected wildlife and to protect against the illegal killing or marketing of wildlife. The bottom line, as Section 23 of The Wildlife Act speaks to, is that the property in all wildlife within our province, including any wildlife which has been unlawfully hunted, belongs to the Crown. Section 24 goes on to state that a person has all property rights, title and interest in and to any wildlife where the person has a license authorizing possession of that wildlife. How can a person obtain legal possession of found dead wildlife? Read on!

There are many situations where people find dead wildlife. You may be hunting or snowmobiling and find a dead deer; while hiking you may find a dead hawk under a powerline; or maybe a songbird hits your kitchen window. “Can I keep it?” is a question commonly asked to Conservation Officers. Many times it's reasonable for Saskatchewan Environment to allow the salvage of the dead wildlife for a variety of purposes including for personal retention, to mount and display or to use the meat for pet food. While these are the most common circumstances, unfortunately there is also a demand for wildlife that may result in the deliberate killing of animals, including rare or endangered wildlife. There are cases where dishonest folks shoot hawks and owls, or poach a nice White-tailed buck after the season, and then want a permit claiming they just found the wildlife dead in a field. Therefore the Conservation Officer's challenge is to evaluate the circumstances on a case-by-case basis, together with any wildlife management concerns, and determine the disposition of the specific wildlife. It should be noted that only Saskatchewan residents may apply to retain protected species under permit.

Let's take a look at what the Saskatchewan Wildlife Regulations states concerning this issue.

Section 31.2 states the following:

(1) “A person who finds dead wildlife may take possession of that wildlife if:

(a) to that person's knowledge, the wildlife was not killed in contravention of the Act; and

(b) within seven days of taking possession of the dead wildlife, the person:

(i) applies to a wildlife officer for and is granted a license authorizing
(ii) provides the wildlife to a wildlife officer for inspection; and
(iii) pays the applicable license fee.

(2) Wildlife provided to a wildlife officer pursuant to subclause (1)(b)(ii) may be marked by a wildlife officer for identification in a manner approved by the director.

(3) A person is not required to have a license authorizing possession of dead wildlife if it is:

(a) mentioned in subsection 4(1); or
(b) taken under a valid hunting and trapping license.

(4) The fee for a license authorizing possession of dead wildlife is $10.

Subsection 4(1) of the Wildlife Regulations lists the wildlife that is not protected by the Act or Regulations in our province. Outside of game preserves, wildlife refuges, wildlife management units, regional parks, provincial parks, protected areas or recreation sites, it's legal to hunt the following wildlife without a license: snakes and turtles other than rattlesnakes, bullsnakes, hognosed snakes, smooth green snakes, eastern yellow-bellied racers, northern red-bellied snakes, short-horned lizards and snapping turtles; frogs and salamanders; rabbits; shrews; bats; mice and rats, other than red squirrels, muskrats, black-tailed prairie dogs, and beavers (if that specific Rural Municipality has passed a bylaw allowing beavers to be hunted without a license); skunks and raccoons; crows, magpies, cowbirds, blackbirds, grackles, starlings, English sparrows and common pigeons; and game farm animals with respect to which a game farm operator holds a valid license issued pursuant to the merchandising regulations. It should also be noted that shed antlers and feathers can be legally picked up and retained, and the public does not require a permit to possess these items.

When our Saskatchewan Environment field offices receive permit requests for migratory non-game birds protected under The Migratory Birds Convention Act (ie songbirds), we refer the person to the Canadian Wildlife Service in Saskatoon; although it should be noted that the CWS does not normally issue such permits.

If Conservation Officers suspect the wildlife died of disease or from poisoning, the wildlife item is retained and sent away for analysis.

Permits are not available for the following species:

  • recognized as Extirpated, Endangered or Threatened by the Committee on the Status of Endangered Wildlife in Canada where a legitimate conservation agency have requested that Saskatchewan Environment turn over specific wildlife items for scientific studies for example, determining the extent of lead poisoning or insecticides in eagles where the Royal Saskatchewan Museum requires certain wildlife items for display purposes

After investigation and documentation, if the Conservation Officer is satisfied that the wildlife died of natural or accidental causes and not by causes that could be consistent with illegal hunting, a permit to retain for personal use only will be issued. The wording on the permit will clearly state that the specific wildlife item will be solely for personal enjoyment and may not be sold, offered for sale, traded, bartered or otherwise disposed of to any individual or firm. In other cases the Conservation Officer may issue a permit to allow the specimen to be on public display only, and not for an individual's household.

The most common requests we receive at our Saskatchewan Environment field offices are for Special Permits to retain hawks and owls to get them mounted, deer antlers with skull plates attached for personal retention, and deer carcasses for pet food. If you have questions on whether or not you can retain found dead, or accidentally killed wildlife, contact your nearest Conservation Officer. 

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